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The Legacy of Ruth Bader GinsburgFrom Cambridge University Press
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Ruth Bader Ginsburg is a legal icon. In more than fifty years as a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career. Together, these perspectives document the impressive -- and continuing -- legacy of one of the most important figures in modern law.
- Sales Rank: #675088 in Books
- Published on: 2015-01-26
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x .87" w x 5.98" l, .0 pounds
- Binding: Hardcover
- 326 pages
About the Author
Scott Dodson is Harry and Lillian Hastings Research Chair and Professor of Law at the University of California, Hastings College of the Law. An expert in civil procedure and federal courts, Dodson has authored more than thirty-five articles appearing in the Stanford, Michigan, California, University of Pennsylvania and Virginia law reviews. He is the author or editor of three books: The Legacy of Ruth Bader Ginsburg (Cambridge 2015), New Pleading in the Twenty-First Century (Oxford 2013), and Civil Procedure: Model Problems and Outstanding Answers (Oxford 2011, 2d ed. 2012). His writings have been cited by the Fourth, Fifth, Seventh, Ninth, Tenth, and Eleventh circuits and two state supreme courts. Dodson is a frequent commentator in various news media and has blogged at SCOTUSblog, Civil Procedure and Federal Courts Blog, and PrawfsBlawg.
Most helpful customer reviews
13 of 14 people found the following review helpful.
A Primer on Justice Ginsburg
By Ronald H. Clark
If you are like me, you recognize that Justice Ginsburg is one of the most important members of the current Court; but I also realized that I knew relatively little about her background, pre-court achievements, and Court behavior. I found this collection of essays, several by former Ginsburg clerks, to be just what I needed to gain a fuller understanding of the Justice. The sixteen essays are allocated to four general topics.
The first section, "Shaping a Legacy," focuses upon Ginsburg's legal teaching career, some early cases as an advocate, and her views on feminism. I found the essay (by Linda Kerber) on her pioneering role in litigating against gender discrimination and the legal theories upon which she relied to be most helpful. A complementary essay by Neil and Reva Siegel on Ginsburg's argument that pregnancy discrimination was really sex discrimination is also substantial. These two essays helped me to understand why Ginsburg had such an impact in these areas where she is considered a giant figure in their development.
Part II is captioned "Rights and Remedies" and deals with some of her major decisions once on the D.C. Circuit and Supreme Court benches. Her skills as a judicial craftsman are evident in her D.C. Circuit decision addressing how segregated academies should be treated under the tax laws. Ginsburg's later approach of dealing with standing issues on a pragmatic basis is evident in this case where she held that the academies were not entitled to tax exempt status. There are some reflections in Ginsburg's later Supreme Court VMI holding of this earlier circuit court decision. VMI is, of course, one of her most notable decisions, and is the subject of a superb essay by Cary Franklin. Particularly interesting to me were two essays in this section on Ginsburg's impact in the area of criminal justice, not a topic I would usually associate with her. Both of these two essays (by Lisa Kern Griffin and Aziz Z. Huq) are valuable because they focus on Ginsburg's method of dealing with criminal justice issues and she handles restrictive precedents and statutes.. While cautious and pragmatic in this area, she has developed techniques that have impacted in areas such as post-conviction relief and limiting the role of sentencing guidelines.
The three essays in Part III are devoted to "structuralism." According to Scott Dodson (who edited this volume), Ginsburg is the (civil) "resident proceduralist" on the Court. While this essay is probably a bit much for the non-lawyer reader, it again demonstrates how skilled a judicial craftsman Ginsburg has become and the incredible amount of work she invests in her opinions. Particularly important in this area is her continuing determination to enhance access to the federal courts and her techniques for curing jurisdictional defects. The remaining two essays in this section discuss aspects such as how Ginsburg navigates federalism relative to pre-emption and her handling of native American legal issues. In a truly insightful essay by Deborah Jones Merritt, the focus is on how Ginsburg deals with difficult federalism issues, such as cases arising under the commerce and spending clauses and enforcing the Civil War amendments. Given the Rehnquist and Roberts courts' somewhat restrictive views in these areas, the reason Ginsburg has had some major successes is tied directly to her careful methodology analyzed in this essay.
The final section of essays ("The Jurist") focuses upon such topics as Ginsburg's confirmation; use use of dissents--particularly oral dissents--to "court the people"; how she participates in oral arguments; and the "fire and ice" components of her temperament. Put all these essays together, and the book provides a valuable perspective on Ginsburg, her judicial techniques, her substantive impact, and why she continues to be so influential. As the Justice continues to fight off calls that she retire so the current president can fill the vacancy before the 2016 election, this book demonstrates while she should only exit when she feels it appropriate and not before.
6 of 8 people found the following review helpful.
Marvelous tribute
By Hadar Aviram
What a rich, interesting anthology of essays, highlighting the contributions and judicial philosophy of a conscientious, pioneering Supreme Court Justice, focusing in particular on her perspectives on gender equality and how they illuminated her jurisprudence.
4 of 6 people found the following review helpful.
Long live Notorious RBG
By stillbuyingDVDs?
This is one of the first books to chronicle “Notorious RBG's" life and legal legacy. Edited by Professor Scott Dodson of UC Hastings College of the Law, the book contains both scholarly pieces on her contributions to jurisprudence as well as essays on her personal from prominent legal affairs journalists such as NPR’s Nina Totenberg and Slate’s Dahlia Lithwick. Essays cover her extraordinary marriage to Marty Ginsburg, how her early interest in gender discrimination (which she experienced firsthand) shaped her jurisprudence, her tenure at the ACLU and her career as a law professor.
On the scholarly side, household names include Boalt’s Herma Hill Kay and Harvard’s Lani Guinier, among others. Those pieces dissect her influence on legal issues as varied as race discrimination in public schools, the interaction of legal systems, her approach to Congressional power, and the law of federal jurisdiction. Other essays straddle the professional and personal, including a piece from SCOTUSblog’s Tom Goldstein on her oral-argument style.
While this reader was lost after the word “federal” in some essays, and though some anecdotes about her life are repeated, feminists and court junkies should love the collection. At 336 pages, it’s just the length for a week’s vacation.
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